The Karnataka High Court has upheld criminal proceedings against a travel agent accused of assisting a terror suspect in renewing a passport. The suspect, wanted by the Andhra Pradesh Anti-Terrorism Squad, allegedly received assistance from the agent who used his agency’s address fraudulently for multiple passport applications, including that of the suspect, Ibrahim Khalil.
In the case of UM Haidar v State Public Prosecutor & Ors, Justice M Nagaprasanna’s single-judge bench on June 18, 2023, found the allegations severe enough to dismiss the travel agent’s plea to quash the proceedings. The court emphasized the potential threat to national security posed by such actions, stating, “The gravity of the accusation lies in the consequence of the petitioner’s acts.”
The court noted that the agent’s alleged actions, if proven during trial, could extend beyond typical criminal misconduct, potentially threatening the nation’s sovereignty and security. Justice Nagaprasanna remarked, “Such allegations, if ultimately established in trial, transcend ordinary criminal misconduct and enter the realm of conduct prejudicial to the security and sovereignty of the Nation.”
The court also dismissed the travel agent’s request for leniency due to his physical disabilities, asserting that personal circumstances should not impede prosecution in cases of national interest. Justice Nagaprasanna highlighted, “When the allegation concerns facilitation of documentation in favor of a person suspected of terrorist links, the issue ceases to be one of private criminality and assumes larger public significance.”
The travel agent had allegedly provided false residential addresses for around fifteen passport applications, one of which enabled Khalil, a terror suspect, to renew his passport. The case came to light when a police constable, responsible for verifying these applications, realized Khalil’s wanted status and filed a criminal complaint. The travel agent was named as the third accused in the case.
Furthermore, the High Court urged swift action against the constable involved in the verification process, citing a serious neglect of public duty with significant consequences. “The said constable, therefore, cannot be permitted to go scot-free,” the court stated. The State has been asked to expedite the sanction for prosecuting the constable.
The court issued a stern reminder that anyone, whether a private citizen, intermediary, or public servant, who facilitates acts against national interests, must be held accountable. Justice Nagaprasanna asserted, “National security is not imperiled only by those who directly engage in unlawful acts; it is equally endangered by those who facilitate, enable, or negligently permit such acts to occur.”
Advocate Parameshwarappa MV represented the travel agent, while Special Public Prosecutor BN Jagadeesha appeared for the Assistant Circle Police Inspector, Mangalore East Police Station. Deputy Solicitor General of India H Shanthi Bhushan represented the Regional Passport Officer, Mangalore Division.
